Help Advice against CEL

noddy78

Coupon-mad said:

Yes, she'll lose if she doesn't attend because it hands the floor to the Claimant's legal rep to say whatever they like.

DO NOT EVEN TRY TO AVOID THE HEARING ENTIRELY. It can even cause added costs, if the legal rep talks the Judge into allowing his/her fee (hundreds).

The Judge wants to hear from the Defendant and it is very important her voice is heard.

Hopefully it's a remote hearing or if not she should email asking for it to please be changed to a phone hearing so she can join without taking time off work, which is proving difficult because she is a ....(explain).

Do that email right now, TODAY.

Best recent example of a WS is by @wobs2k

Re the CCJ:

Over the weekend, read the thread by @Jack5656 and don't delay the N244 application to set that one aside. Sounds like the PPC had your correct address all along in 2019 and failed to change all records relating to you/that car to show the newer address.  Easy set aside decision for any canny Judge, and you should get the £275 back from the C.

Still need to file the 

So we have submitted our witness statement but advised the court that my partner will not be able to attend due to the nature of her job (we have explained the specifics). 

We also asked the court to review this claim under 'cause of action estoppel' based on the fact that they had already submitted an earlier claim but not included all of the PCN's that were in play at that time. 

The latest email we received from the Chambers allocation just states that the Judge has reviewed your comments but the case is still scheduled to go ahead on the given date.  There is no way my partner can attend on the given date due to the nature of her job and even a telephone consultation would be unmanageable. I did ask if I could attend on her behalf but the judge said only a representative with rights of audience nd mot a 'lay' person can do this.

If we have advised we cannot attend can the court still go ahead without offering a new date for the hearing. As you have quite rightly pointed out to not attend gives the floor to the claimants reps. 

We did receive an offer from CEL to settle for roughly half the amount they are trying to claim but we are reluctant  to go down this route. 

Still need to file the N244 form to get the CCJ set aside but I guess we have to approach that separately from the current claim..

Coupon-mad

All you can do is wait and see but we warn you, she is likely to lose.  Fingers crossed the court will be busy and will vacate the hearing on the day and postpone the date till later (happens...).

The N244 is separate but URGENT.

You can't delay a set aside application (at all) as one of the criteria is it must be done 'promptly' from when you found out about the CCJ.

noddy78

So we have our hearing this week, my partner has now managed to changed her work shifts so she can attend in person. 

She is quite apprehensive about the hearing as she has never been to court before. So much so that she was tempted to settle but I have managed to talk her out of this.  Hopefully I am giving her the right advice. 

Is there any advice on how to approach the actual hearing and things to make she does/does not say on the day?  Thanks

KeithP

Have you seen this video...
www.youtube.com/watch?v=n93eoaxhzpU

Just three or four people sitting round a table having a discussion.

Coupon-mad

I'm pretty sure there is a 'hearing tips' section in the NEWBIES thread still? I haven't checked!